Family Mediation or Financial Penalties
Family Mediation or Financial Penalties
BY GAVIN SCOTT, THE LAW SOCIETY GAZETTE
In the effort of protecting children from the damaging impact of bitter courtroom battles, the Ministry of Justice has announced plans to make mediation mandatory in some family disputes. The move is expected to divert thousands of cases away from the court, easing pressures and prioritising the most serious cases.
Judges may be given the power to order parents to make a reasonable attempt to mediate, with possible financial penalties for unreasonable actions. What are your thoughts on the Ministry of Justice’s plan for family disputes?
On 23 March 2023, the Ministry of Justice announced plans to make mediation mandatory, aimed at protecting children from the damaging impact of bitter courtroom battles, diverting thousands of family disputes away from the court and in turn, easing court pressures and prioritising the most serious cases.
The MoJ expects to help up to 19,000 separating families each year resolve their issues out of court, and that 36,000 vulnerable families each year will benefit from faster hearings and quicker resolutions as a result.
To enforce this potential new regime, judges could be given a new power to order parents to make a reasonable attempt to mediate with possible financial penalties if they act unreasonably and harm a child’s wellbeing by prolonging court proceedings.
Whilst it is intended the plans would only apply to cases without domestic abuse allegations, urgency, or child protection issues, it raises significant concerns where a party may be pressured and subjected to controlling behaviour. This risk may not be clear in the absence of more obvious domestic abuse, leading to an unfavourable outcome for the vulnerable party. In those cases, parties would benefit from lawyer-led mediation, and whilst the costs may not be as light, it could still resolve the issues without court intervention. Unfortunately, this will not help a vulnerable party who cannot afford legal fees, unless legal aid can be extended for this purpose.
